Earlier this year, the United States Sentencing Commission announced that it will issue crucial amendments to the United States Sentencing Guidelines. These amendments, set to take effect on November 1, 2023, will have an important impact on federal sentencing decisions. This post highlights two of these changes regarding criminal history: calculation of “status points” and treatment of “zero-point offenders.”
Under the United States Sentencing Commission Guidelines Manual (“Guidelines”), federally convicted defendants receive an advisory guideline range that judges must consider when determining their sentence. This guideline range is based on defendants’ offense conduct and criminal history. Generally, the more extensive a defendant’s criminal history is, the higher the resulting guideline sentence will be.
Status Points
Defendants’ criminal history score is calculated under Chapter Four, Part A of the Guidelines. In addition to receiving points for certain prior convictions, defendants receive two “status points” under §4A1.1(d) for committing an offense “while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.”
Under the new amendments to this section, offenders with six or less criminal history points will no longer receive any status points. Additionally, offenders with seven or more criminal history points will only receive one status point as opposed to two.
Zero-Point Offenders
In addition to these changes, offenders who receive zero criminal history points under Chapter Four, Part A will benefit from another important amendment. Under the new guideline at §4C1.1, zero-point offenders will receive a two-point reduction in their offense level as long as they meet certain criteria. Under these criteria, defendants who commit certain offenses, such as sex offenses, violent crimes, or crimes involving the use of a weapon, may become ineligible for this adjustment.
These highlighted changes to the Guidelines are a result of studies undertaken by the Sentencing Commission regarding the correlation between a defendant’s criminal history score and the likelihood of future criminal behavior. By taking a data-driven approach to criminal history computation, the Sentencing Commission has taken an important step in promoting more just sentences and reducing incarceration.
For more information regarding the above amendments and the others set to take effect, we recommend checking out the resources available here.
How We Can Help
These amendments will immediately impact individuals with limited criminal histories who are currently facing federal criminal charges. Further, the United States Sentencing Commission has voted to allow these amendments to apply retroactively. This means that beginning on February 1, 2024, certain incarcerated people who meet the criteria may also be eligible to receive reduced sentences.
If you believe that you or a loved one may benefit from these amendments, do not hesitate to get in touch with GreenClark using the form at the bottom of our website. Specializing in federal criminal defense, our firm is committed to tracking developments in the law to ensure you receive comprehensive, exceptional representation.
